A Blog of Members of the Administrative Law and Regulatory Practice Section of the American Bar Association

Tuesday, October 22, 2013

Meet Eric Holden, Fellow at the U.S. Merit Systems Protection Board

by Nina
Hart

Meet Eric D. Holden, a
post-graduate fellow at the U.S. Merit Systems Protection Board. Below he
describes how his experience in the military led him to a career in law, offers
advice to young attorneys, and discusses the benefits of pro bono
service.

1. What led you to a career in
law?

While serving in the Marine
Corps, I had the opportunity to work with the Navy's Judge Advocate General's
Corps. I really enjoyed researching the Uniform Code of Military Justice and
preparing legal documents for the JAG lawyers. After leaving the military, I
committed myself to the goal of attending law school.

2. What experiences with
administrative or regulatory law have you had?

As a young lawyer, much of my
experience has come from internships and fellowships. I first interned with the
Louisiana Department of Labor, working with an administrative law judge in a
workers' compensation court. Next, I interned full-time with the Attorney
General for the District of Columbia in the Personal and Labor Relations
Section. Most recently, I have been serving in a post-graduate fellowship
position with the U.S. Merit Systems Protection Board. From all of these
opportunities, I have gained a diverse knowledge of administrative and
regulatory law in both the state and federal context.

3. How did you become
interested in practicing administrative law?

As a veteran, serving my
country is very important to me. I view practicing administrative law as a way
to protect our country's most valuable asset, our rule of law. I also enjoy the
challenge of analyzing administrative laws and trying to determine their
meanings by researching legislative history and precedential cases.

4. As someone with several
experiences with administrative law in the employment context, do you have any
advice for attorneys preparing to appear before ALJs?

In my experience, ALJ's
appreciate straightforward, well-researched arguments. They are not influenced
by emotional pleas to the court. Most importantly, everything argued must be
supported by the appropriate administrative code and case law.

5. What do you think are the
biggest challenges facing administrative law practitioners?

Administrative law can be a
complex field of law. As time passes and government leadership shifts, judicial
interpretation of the codes can change. Additionally, new laws and amendments
are always coming into existence. I feel administrative law is an area where
lawyers must continuously keep themselves abreast of judicial and legislative
activity.

6. For law students or new
attorneys considering a career in administrative law, what do you think would be
a good way of familiarizing themselves with the field?

For law students, I believe
internships are necessary for gaining an understanding of administrative law.
Law schools do a great job of teaching legal theory; however, the practical
application of the law cannot be learned in a classroom. There is no substitute
for actually attending hearings and working with experienced
lawyers.

For new attorneys, there are
many opportunities to work on pro bono cases before administrative courts, at
least in the District of Columbia. Administrative courts can be very different
from trial courts, particularly in regards to evidence rules. If someone is
interested in administrative law, I believe it is imperative they seek out
opportunities to try cases before ALJs to get a feel for the unique nuances.

7. As someone with a number of
experiences in government, do you have any advice for attorneys looking to
transition from the private to public sectors?

From what I have learned from
other young lawyers, serving as a pro bono lawyer is a great way to get one's
foot in the door. Government positions typically have strict experience
requirements. In today’s challenging legal job market, it seems that working as
a pro bono lawyer is the best way to acquire the necessary
experience.

8. Outside of the law, what are
your favorite activities or hobbies?

In my free time, I enjoy
cooking for friends and family. I also love spending time in the District of
Columbia's amazing museums.